Product Liability in New Orleans, LA
Product liability refers to a manufacturer’s responsibility for compensation customers who suffer injuries or property damage as a result of the use of that company’s product(s). Businesses that sell products owe their customers a certain duty of care, including a certain level of precaution when ensuring that the product is safe to use. If a product is defective and causes harm on a customer, the manufacturer may be liable and may have to compensate the victim for the monetary costs of the injuries sustained. If you have been harmed or have suffered property damages as a result of a malfunctioning product, it is important to file a product liability claim. Apart from being entitled to compensation, your actions will also help make sure that other customers aren’t injured in the future.
Types of Product Liability
- Defectively manufactured products: Sometimes a product may have a defect that’s unique to that particular unit. These can be caused by a problem that affected the factory at the time the product was fabricated or by human oversight during the manufacturing process. An example of a defectively manufactured product is a pre-built table with a missing screw that gives way beneath a seated buyer. In this case, the injury was caused by the missing screen and not by the customer; as such, the company may be found liable for the pecuniary costs of the harm inflicted.
- Defectively designed products: These are errors that affect an entire line of products and are usually caused by a defect in the design. Even if each unit is made to the specifications of the manufacturer, there may be an inherit fault that makes it unreasonably dangerous for the consumer. A specific example is the case of a soda can that explodes when opening, damaging the customer’s hand. If this problem exists with each and every can of the same product, the manufacturer is responsible for a defectively designed product.
- Failure to Warn: Some products have specific instructions that define how they should be used, while others may have side effects that the consumer should know about before choosing to purchase it. If the company fails to disclose this information, or does so inadequately, it may be liable for injuries sustained by the customer. A prescription medication, for instance, may lead to certain side effect symptoms, such as headaches. If the pharmaceutical company failed to adequately warn the patient of the risks of these side effects, they may be found to be negligent of that duty and they may have to pay compensation.
Choosing the Right Attorney
Choosing the right attorney can make all the difference between a successful and unsuccessful claim against the manufacturer of a defective product. With over 25 years of experience in Louisiana law, including three years as a senior trial attorney, personal injury attorney Peirce Hammond holds the comprehensive knowledge on Louisiana product liability law necessary to successfully fight for what his injured clients deserve.
If you or a loved one has been injured as the result of a malfunctioning product, contact Hammond Law Firm in New Orleans, LA to schedule your free case review and consultation. Call us at (504) 586-3535.